Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

$8M Verdict Upheld in Jail Death Case

Nov 22, 2024

Spence Law Firm partner Mike Lutz successfully defends $8 million jury verdict on appeal for estate of woman killed by denial of adequate medical care at the Davis County, Utah Jail.

While detained at the Davis County Jail, Heather Miller fell from a top bunk and suffered a ruptured spleen. With proper medical care, she could have — and should have — made a full recovery.

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Instead, after only a cursory examination of Heather that did not even include taking her vital signs, a jail nurse placed Heather alone in a cell — where she lay in agony as she slowly bled to death over the course of hours.

Heather’s mother, Cindy Stella, brought suit on behalf of Heather’s estate. Co-counsel Tad Draper and Dan Baczynski fought tirelessly for Heather’s estate through a week-long trial. At the end of the trial, after hearing all of the evidence, the jury found that the defendants had violated Heather’s civil rights through their deliberate indifference to Heather’s serious medical needs, and that the defendants should pay Heather’s estate $8 million in damages. The district court agreed, refusing to set aside the jury’s verdict.

The defendants appealed, raising over a dozen arguments for why the jury and district court (supposedly) should have let them off the hook for Heather’s death. Cindy and her trial attorneys turned to the Spence Law Firm to fight to uphold the jury’s verdict. Tad explains, “Dan and I decided that we needed a separate voice and someone particularly skilled in appellate work.” Spence partner Mike Lutz handled the appeal. In a firmly worded opinion (available here) the Tenth Circuit affirmed the verdict in all respects.

Of their decision to hire The Spence Law Firm to handle the appeal, Tad says:

"Mike continued to impress us through the entire process. He had impeccable and detailed knowledge of every aspect of the voluminous record he had to review. His thoroughness often made me feel that he had gone through the trial with us. He didn’t miss anything. His analysis was spot on, his research was brilliant, and he was willing to accept suggestions and input. He even insisted on a mock appeal argument with a learned group of appellate specialists. He left no stone unturned."

The Spence Law Firm routinely co-counsels with plaintiff’s attorneys across the country. While we are best known for our trial work, our team includes strong legal writers and appellate advocates. Several of our attorneys began their legal careers clerking for appellate judges. For example, Mike gained valuable experience as a law clerk to the late Justice Warren Jones of the Idaho Supreme Court before joining The Spence Law Firm.

At The Spence Law Firm, we deeply value our client and co-counsel relationships. Mike comments: “Cindy, Tad, and Dan all invested a tremendous amount of blood, sweat, and tears to get justice for Heather. Cindy endured years of litigation that included scathing character attacks by the defense. Tad and Dan put on a masterful trial. When they entrusted their verdict to me to defend on appeal, it was one of the greatest honors of my career. Their passion and commitment inspired me to dig deep and fight hard during the last battle of this epic, multi-year case.”

If you are a plaintiff’s attorney who needs help protecting a jury verdict in a complicated, high-stakes appeal, reach out to The Spence Law Firm. We have the financial and technical resources to maximize the chance that your success will be affirmed.

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.